SOCIAL

The Delhi High Court judge who legalized homosexuality in India in 2009 has spoken out against the Supreme Court ruling that overturned his decision, saying he feels deeply sad for India’s LGBTI community

‘First of all, it is not western. Temple imagery and essential scriptures show there is some evidence of homosexuality being practiced in this country… The British brought in Section 377 and there is the presumption that one of the reasons was they feared their army and daughters would be tainted by Oriental vices.’

Shah said it was vital that the majority did not decide the rights of minorities.

‘What is envisaged by the Constitution is not popular morality,’ Shah said.

‘Public morality is the reflection of the moral normative values of the majority of the population, but Constitutional morality derives its contents from the values of the Constitution.’

‘For instance, untouchability was approved by the majority, but the Constitution prohibited untouchability as a part of social engineering. [Wife burning] was at one time approved by the majority, but in today’s world, it would be completely inconsistent with the Constitution.’